Disputes over confidentiality claims

Disputes over confidentiality claims

Disputes over confidentiality claims not settled – involvement of the Hearing Officer

Where a disagreement over confidentiality claims cannot be resolved: – The relevant addressee(s) are informed by a letter signed by a Head of Unit or case manager of those confidentiality claims that are not considered to be justified, the reasons thereof 1 and of the fact that: – they may address themselves, within a reasonable deadline to be set in view of the circumstances of the case (in some cases one week may be appropriate), to the Hearing Officer, who can decide on the disputed confidentiality claims 2 , and, – if they fail to address the Hearing Officer within the given deadline, the relevant confidentiality claims are considered to be withdrawn and the relevant information covered by those claims will be published.

More about Disputes over confidentiality claims

If the Hearing Officer is addressed within the given deadline: – The relevant procedure regarding the involvement of the Hearing Officer – pursuant to Article 8 of the Terms of Reference applies – In case the Hearing Officer is involved, a provisional version of the decision without the disputed parts will be published on the website. – The final non-confidential version will be disclosed on the date specified in the reasoned decision of the Hearing Officer notified to the provider of information, unless the addressee(s) brings an action against the Hearing Officer's decision before the General Court and makes a request for interim relief to the Court to suspend the effect of that decision.

Resources

See Also

References

  • Information about Disputes over confidentiality claims in the Antitrust Manual of Procedures for the application of Articles 101 and 102 TFEU (Internal DG Competition)

Notes


[Note 1]
See Article 8(1) of the Hearing Officer Terms of Reference.
[Note 2]
See Article 8 of the Hearing Officer Terms of Reference.

Further Reading

  • Information about Disputes over confidentiality claims in “An Introduction to EU Competition Law”, Moritz Lorenz (Cambridge University Press)

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